Construction / Construction Defects and Homeowner Associations

Breach of contract, breach of warranty, negligence, fraud, change orders, mechanics liens, stop notices, and scheduling of labor and materials and construction defects in commercial and homeowner associations.

Enforcement of CC&R's, bylaws and disciplinary rules, elections and the duties and obligations of the Board of Directors, committees and homeowners to each other and to the Association under the Davis-Stirling Act, the Civil Code, the Corporations Code and common law as well as construction defect litigation (see above).

Representative Case Studies:

  • CLARK v. HEALY

    CLARK v. HEALY
    (Los Angeles Superior Court – Judge Doyle)

    ►A SELLER OF RESIDENTIAL PROPERTY MUST DISCLOSE DEFECTS

    After a three-week trial the jury rendered a verdict in favor of the plaintiff Clarks, represented by David Romney, in the amount of $230,000 for damages, including attorney's fees and costs, arising from the seller Healys' non-disclosure of a defective septic system undetected during a buyer's inspection by the Clarks.

  • GLEN OAKS ESTATES HOMEOWNERS ASSOCIATION v. REMAX PREMIER

    GLEN OAKS ESTATES HOMEOWNERS ASSOCIATION v. REMAX PREMIER
    PROPERTIES, ET. AL.
    (Los Angeles Superior Court – Mediation)

    ►CONSTRUCTION DEFECTS AND FRAUD RESULT IN SETTLEMENT
    After mediation the parties entered a confidential settlement providing for compensation sufficient to reconstruct the access road to Glen Oaks Estates' homes and to remedy associated drainage problems.

  • CONFIDENTIAL SETTLEMENT (CONSTRUCTION DEFECT/FRAUD)

    CONFIDENTIAL SETTLEMENT (Construction Defect/Fraud)
    (Los Angeles Superior Court – Mediation)

    NON-DISCLOSURE OF MAJOR DEFECT IN SEPTIC SYSTEM RESULTS IN HIGH-DOLLAR SETTLEMENT
    After more than a year of contentious and voluminous discovery proceedings the parties
    agreed to a settlement providing the plaintiff, represented by David Romney, over
    $900,000 in damages.

  • CONFIDENTIAL SETTLEMENT (CONSTRUCTION DEFECT)

    CONFIDENTIAL SETTLEMENT (Construction Defect)

    ►THE DEVELOPER WHO BROKE HIS PROMISES

    After a year-and-a-half of discovery and related law and motion proceedings
    a developer and his subcontractors agreed to pay a settlement of over
    $18,000,000 for damage to roofs and windows negligently installed in 520
    condominium homes.

  • GLEN VALLEY HOA v. SEPIAN

    GLEN VALLEY HOA v. SEPIAN
    (Los Angeles Superior Court, Judge Shatford)

    ►CONSTRUCTION DEFECT: WHEN IT RAINS IT POURS

    After a jury trial, the developer and his subcontractors paid Glen Valley
    Homeowners Association $7,000,000 for damage caused by negligently installed
    roofs and framing.

  • SOMERSET HOA v. GOLDRICH & KEST

    SOMERSET HOA v. GOLDRICH & KEST
    (Los Angeles Superior Court, Judge Harris)

    ►CONSTRUCTION DEFECTS OCCUR EVEN IN BEVERLY HILLS
    A condominium complex in Beverly Hills occupied by residents David Justice, former
    Yankee Star, and Morey Amsterdam, a comedian on the Dick Van Dyke Show, among others, was beset by roof and other structural problems after construction. During trial the case settled for $9.5 million.